Man found guilty of child sex abuse at Chico daycare

OROVILLE — A 63-year-old man was convicted Monday of molesting a 3-1/2-year-old girl at a Chico daycare center.

Butte County Superior Court Judge James Reilley convicted Thomas Lee Lewis Sr. of a felony count of a lewd act on a child under 14.

Lewis had previously waived his right to a jury trial.

Following the conviction, defense attorney James Berglund sought to have Lewis conditionally released with a promise to return for sentencing Aug. 14. He said Lewis has a minimal prior record and could be a good candidate for probation, pending a mental health evaluation.

The defendant faces up to eight years in state prison at sentencing.

Deputy district attorney Stacy Edwards objected to releasing Lewis. She said the case of a child victimized at a licensed daycare center was a "parent's worst nightmare" and an extreme violation of trust.

Reilley denied the motion to release Lewis.

The incident took place in March at Grandma Linda's Daycare, a business on the 2900 block of Godman Avenue operated by Lewis' wife. The business was shut down after the complaint was filed.

During Monday's trial, the prosecution placed the girl, now 4, on the stand, but she wasn't able to answer questions, according to Edwards.

The prosecution then played back a March 12 interview with the child, conducted by an interviewer from Children's Services and observed by Edwards and police.

Berglund objected to allowing the video, arguing that it was hearsay and prevented the defense from being able to cross-examine.

Judge Reilley overruled the objections, noting in part that state law has an exception for victims of sex crimes under 12 years old.

Berglund later said an appeal was likely.

In the video, the child said the defendant licked her genitals in an outdoor space, according to Edwards in her closing argument. The incident reportedly took place in the center's backyard.

The girl told her mother, who testified she first told Linda Lewis about what happened and then lodged a complaint at the daycare licensing agency.

Butte County sheriff's deputy Christopher D'Amato interviewed Lewis on March 18. Their videotaped conversation was also played for the court.

In that interview, Lewis admitted to the act, according to Edwards. He didn't know why, but knew it was wrong.